SPECIALTY INSURANCE UNDERWRITERS INC., D/B/A UNDERWRITERS GUARANTEE INSURANCE COMPANY OF MIAMI, AND UNDERWRITERS FINANCIAL OF FLORIDA, INC., APPELLANTS,

v.

DEBORAH S. BOYD, APPELLEE

Citator

Cited By

• Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994)
  …he court improvement fund, the drug education fund, and costs of prosecution cannot be imposed unless a defendant is given notice and an opportunity to be heard, and the record recites the statutory authority for their imposition. Williams v. State, 604 So. 2d 13 (Fla. 2d DCA 1992). The record here fails to reflect compliance with these requirements. Finally, we hold again that if costs of prosecution are based on section 939.01, Florida Statutes (1993), then the state has the burden of proving the amount o…
• Cathcart v. State, 643 So. 2d 702 (Fla. 4th DCA 1994)
  …tionary, and therefore notice is required. Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994). The defendant must have an opportunity to be heard, and the record must state the statutory authority for the imposition of the costs. Williams v. State, 604 So. 2d 13 (Fla. 2d DCA 1992). Moreover, if costs of prosecution are based on section 939.01, Florida Statutes, the state has the burden of proving the amount of these costs, and the court must consider the defendant’s financial resources before imposing them.…
• Madison v. State, 664 So. 2d 1140 (Fla. 5th DCA 1995)
  …sis laboratory system) pursuant to section 893.13(8)(b) are discretionary with the court. Thus, such costs cannot be imposed without giving a defendant the opportunity to challenge them at a hearing, prior to their imposition. See Williams v. State, 604 So. 2d 13 (Fla. 2d DCA 1992) (cost to county drug abuse fund was not a statutorily mandated cost, and thus had to be stricken for lack of notice or opportunity to be heard); Williams v. State, 601 So. 2d 1277 (Fla. 2d DCA 1992) (discretionary costs assessed f…